Diaz v De Leon

Facts:
From the evidence submitted in this case, it appears that the testator, shortly after the
execution of the first will in question, asked that the same be returned to him. The
instrument was returned to the testator who ordered his servant to tear the document.
This was done in his presence and before a nurse who testified to this effect. After some
time, the testator, being asked by Dr. Cornelio Mapa about the will, said that it had been
destroyed.
Issue:
The only question raised in this case is whether or to the will executed by Jesus de Leon,
now, was revoked by him.
The petitioner denies such revocation, while the contestant affirms the same by alleging
that the testator revoked his will by destroying it, and by executing another will expressly
revoking the former.
Held/Ratio:
We find that the second will Exhibit 1 executed by the deceased is not cloth with all the
necessary requisites to constitute a sufficient revocation.
But according to the statute governing the subject in this jurisdiction, the destruction of a
will animo revocandi constitutes, in itself, a sufficient revocation. (Sec. 623, Code of Civil
Procedure.)
From the evidence submitted in this case, it appears that the testator, shortly after the
execution of the first will in question, asked that the same be returned to him. The
instrument was returned to the testator who ordered his servant to tear the document.
This was done in his presence and before a nurse who testified to this effect. After some
time, the testator, being asked by Dr. Cornelio Mapa about the will, said that it had been
destroyed.
The intention of revoking the will is manifest from the established fact that the testator
was anxious to withdraw or change the provisions he had made in his first will. This fact is
disclosed by the testator's own statements to the witnesses Canto and the Mother
Superior of the Hospital where he was confined.
The original will herein presented for probate having been destroyed with animo
revocandi, cannot now be probated as the will and last testament of Jesus de Leon.